Oregon healthcare workers seek limited legal immunity in coronavirus fight

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Oregon Gov. Kate Brown speaks during a press conference on March 20, 2020 amid the coronavirus outbreak. Brooke Herbert/The Oregonian/OregonLiveBrooke Herbert/The Oregonian/OregonLive

Groups representing doctors, hospitals and senior care facilities are asking Oregon Gov. Kate Brown to give them limited legal immunity in their treatment of coronavirus cases and patients who may be affected by the pandemic.

The spread of the coronavirus has thrown the state’s health care system into unprecedented upheaval, delaying hundreds of elective procedures, sparking preparations for a potential surge of patients and rationing of personal protective equipment like masks and gloves.

Brown ordered a halt to elective surgeries statewide March 19, aiming to free up hospital bed space and conserve personal protective equipment like respirators, gowns and gloves.

“Healthcare workers need to focus on caring for Oregonians and should not be worried by the threat of lawsuits they might face for following guidance and protocols required by the state through your executive orders,” health care groups told Brown in a Friday letter.

The groups, which include the Oregon Medical Association, Oregon Association of Hospitals and Health Systems and Oregon Health Care Association, pointed to executive action taken in New York by Gov. Andrew Cuomo and said they’re looking for the same thing.

The groups are asking Brown to issue an executive order limiting their legal immunity during the state of emergency, unless proven that someone was grossly negligent. Providers could still be sued, but the groups want limits to liability stemming from things like the lack of personal protective equipment and coronavirus testing capacity.

A spokeswoman for Brown acknowledged receipt of the request but said no decision had yet been made.

— Rob Davis

rdavis@oregonian.com

503.294.7657; @robwdavis

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